Portsmouth seeks dismissal of lawsuit for torture, rape arrests

Damages sought, felony prosecution called 'malicious'

PORTSMOUTH — The city is asking a judge to dismiss a civil lawsuit alleging longtime resident Souran "Buddha Babe" Manougian was "maliciously" prosecuted by the Police Department for 25 sex crimes that were later dismissed by the county attorney's office.

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By Elizabeth Dinan

seacoastonline.com

By Elizabeth Dinan

Posted Feb. 13, 2014 at 2:00 AM

By Elizabeth Dinan
Posted Feb. 13, 2014 at 2:00 AM

» Social News

PORTSMOUTH — The city is asking a judge to dismiss a civil lawsuit alleging longtime resident Souran "Buddha Babe" Manougian was "maliciously" prosecuted by the Police Department for 25 sex crimes that were later dismissed by the county attorney's office.

Manougian, 82, was arrested March 29, 2012, for 25 felonies that accused him of torturing, raping, sodomizing and drugging a minor in the late 1960s and early 1970s. The charges were dismissed in July 2012 by Rockingham County Attorney James Reams, who found, "The defendant has raised significant statute of limitations issues."

Through attorney James Ritzo, Manougian is suing the city for more than $100,000 in damages based on claims that police acted with malice by filing the charges while knowing the statute of limitations expired and subjecting Manougian to "public ridicule and humiliation."

The city's insurer filed a motion to dismiss the suit in January, claiming, in part, that police "acted on advice of counsel in charging" Manougian. Due to the "possible statute of limitations issue," investigating detective Kristyn Bernier consulted with the city's legal office, which assigned attorney J. Michael Angstadt to research the issue and provide an opinion, according to the city's motion to dismiss.

Angstadt was first an unpaid intern, who was later hired by the city for a short period of time, before leaving for another job, said City Attorney Robert Sullivan. He described Angstadt as an "extremely competent researcher."

Angstadt's legal opinion said "rape crimes committed under 1974 law against a victim of less than 15 years of age do not fall subject to any statute of limitations," according to the city's motion to dismiss. Angstadt also advised that prosecution of those crimes can begin within a year of discovery of the offenses, according to the city's motion, written by attorney Susan Lowry for the city's liability insurer.

Police allege the crimes were discovered in 2012 when the victim, now an adult, went to the police station to report them. Ritzo argues, in a counter motion filed last week, that police records indicate the alleged crimes were reported to several people in 1974, including a lawyer and a school guidance counselor. Public documents state a police commissioner of that era was also notified about the allegations but "discouraged" the alleged victim's mother from "pursuing the matter."

In its motion to dismiss the lawsuit, the city also claims it had "ample probable cause" to charge Manougian with the crimes, based on witness interviews, as well as the legal opinion. Before the charges were transferred to the county attorney's office, Circuit Court Judge Sawako Gardner ruled that she didn't have jurisdiction to decide on whether or not there was probable cause for the 25 charges.

Ritzo's motion, dated Feb. 6, asks a judge to find in Manougian's favor and to rule that the city does not have immunity against the lawsuit. The city claims it is immune from monetary damages "based on the doctrine of official immunity" stating police officers and municipalities are immune from civil damages related to their normal course of duty, unless "bad faith" can be proven.

Manougian previously told the Herald that the stigma of being labeled a pedophile caused him to shun the public, including changing the times he shops for groceries.

"I'd rather go through Korea again than go through this (expletive)," he said.